Detailed Action
Response to Amendment
This action is responsive to Applicant’s communication filed on 06/23/2025.
Election/Restriction
Newly submitted claims 20-27 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Restriction for examination purposes as indicated is proper because each invention listed in this action is independent or distinct for the reasons given below and there would be a serious search and examination burden if restriction were not required.
Claims 1-19, drawn to fantasy sports, class A63F13/828.
Claims 20-27, drawn to a wagering card game, class G07F17/3293.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related products. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j).
In the instant case, the inventions as claimed have a materially different function. Invention I is primarily directed to forming and playing a fantasy sports game. Invention II is primarily directed to a card-based wagering game. The prior art references associated with each invention would likely differ, thus requiring varying and possibly divergent grounds of rejection. Furthermore, the inventions as claimed do not encompass overlapping inventive concepts, and there is nothing of record showing them to be obvious variants of one another.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 20-27 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Arguments
Applicant’s arguments with respect to claim(s) 20-27 have been considered but are moot because the claims have been withdrawn from consideration as noted supra.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE ROWLAND whose telephone number is (469) 295-9129. The examiner can normally be reached on M-Th 10-8. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Dmitry Suhol can be reached at (571)-272-4430. The fax number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/STEVE ROWLAND/Primary Examiner, Art Unit 3715